Facing a criminal charge in Greeley, CO raises urgent questions, and one of the most serious involves “What is intoxication assault?” Under C.R.S. 18-3-205, Colorado legally terms this offense vehicular assault, a felony charge reserved for impaired drivers who cause serious bodily injury to another person.
The consequences go well beyond a standard DUI and can follow someone for the rest of their life. At McAdams Law Office, our DUI defense lawyers help clients in the Greeley area understand exactly what they are facing and build the strongest possible defense from day one.
In Colorado, intoxication assault occurs when an impaired driver causes serious bodily injury to another person. Prosecutors do not need to prove intent to harm, only that the impairment led to significant physical injury.
Serious bodily injury under Colorado law includes injuries involving a substantial risk of death, permanent disfigurement, or long-term loss of use of a body part or organ. A broken arm from a minor fender-bender may not qualify, but a traumatic brain injury, shattered spine, or severe internal bleeding almost certainly would. The more severe the injury, the more seriously prosecutors tend to pursue the case.
To secure a conviction for vehicular assault by intoxication, prosecutors must establish several specific facts beyond a reasonable doubt. Understanding these elements shows exactly where an experienced defense attorney can challenge the government’s case and shift the outcome in your favor.
Serious bodily injury sets this charge apart from a standard DUI. The injury must be a direct result of the driver’s impairment, not a coincidence or the fault of another party. When the evidence points to contributing factors outside the defendant’s control, the prosecution’s case loses ground, and the charge becomes harder to sustain.
¨We’re not just a business in Weld County; we’re a part of the community. Living and working here, we’re dedicated to supporting the people of Greeley. Our office is right by the courthouse, deep in the heart of the local legal scene. With over 140 jury trials in 20 years, our experienced attorneys understand that everyone deserves respect and a strong defense, no matter the situation¨
Many people confuse vehicular assault by intoxication with a standard DUI or driving while impaired charge. The core difference comes down to harm. A DUI charge under C.R.S. 42-4-1301 applies when law enforcement stops someone for driving under the influence, even if no accident occurred and no one got hurt. Intoxication assault enters the picture the moment another person suffers serious bodily injury as a result of the impaired driving.
In practical terms, a first or second DUI offense without injury typically results in misdemeanor charges. Vehicular assault by intoxication carries felony-level consequences from the start, and the more serious the injury, the more aggressively prosecutors tend to pursue the case.
Under C.R.S. 18-3-205, Colorado law recognizes three versions of vehicular assault, each tied to a different level of impairment. The felony level depends on the degree of impairment at the time of the incident:
All three classifications carry substantial fines, mandatory parole, and a permanent felony record. Beyond the courtroom, a conviction can cost someone their job, professional license, housing opportunities, and the right to possess a firearm.
Repeat offenses or cases involving particularly severe injuries can influence how aggressively prosecutors pursue sentencing. Courts also tend to look unfavorably on defendants with prior DUI or alcohol-related convictions. The window to build a strong defense closes quickly after an arrest. Witnesses recall details more clearly, evidence remains intact, and attorneys have more options when they get involved early in the process.
If you still have questions about “What is intoxication assault?” and how it applies to your situation, McAdams Law Office is ready to help. Our team brings deep knowledge of Colorado criminal law and a consistent track record of favorable results to every case. Call us today at (970) 353-0000 to discuss your situation with an attorney who will treat you with respect and give you honest guidance on your options.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.